19991110General Order No 203.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S RULE 105 CONCERNING INFORMATION TO CUSTOMERS OF GAS, ELECTRIC, AND WATER PUBLIC UTILITIES (IDAPA 31.21.02.105) AND RULE 103 CONCERNING INFORMATION TO CUSTOMERS OF TELEPHONE COMPANIES (IDAPA 31.41.02.103). )
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CASE NOS. 31-2102-9901
31-4102-9901

ADOPTION OF
PENDING RULES

GENERAL ORDER NO. 203

In this General Order, the Commission issues pending rules that adopt proposed amendments to two administrative rules. Rules 103 and 105 (IDAPA 31.41.02.103 and 31.21.02.105, respectively) provide that utilities make available to the public brief written summaries of their position(s) and testimony at “all Commission hearings.” The purpose of the summaries was to provide members of the public attending a Commission hearing with information concerning the particular case at hand.
On August 27, 1999, the Commission issued a Notice of Proposed Rulemaking requesting written comments on proposed amendments to these two rules. The Commission’s Notice was published in the Administrative Bulletin (Vol. No. 99-10 at 477-78) on October 6, 1999. Comments were due no later than October 27, 1999. No requests for holding a public hearing were received.

THE PROPOSED CHANGES TO RULES 103 AND 105
As stated in its Notice of Proposed Rulemaking, the Commission proposed to relax the requirement of each rule that summaries be prepared for all hearings. The proposed rules contemplate that parties may request that the Commission dispense with preparation of summaries on a case-by-case basis. When required, summaries shall be made available to the public at all Commission hearings. If a utility is requesting a rate increase, its summary shall address the utility’s need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for each major rate group. In addition, all parties participating in a Commission hearing shall prepare the brief written summaries.
The Commission also proposed to amend its rules to reflect the occasional practice of requiring oral presentations or informal briefings prior to the beginning of a public hearing. The Commission observed in its Notice that these informal and off-the-record presentations prior to the beginning of a hearing oftentimes provides the public with a greater understanding of the issues that arise during the hearing. The Commission affirmed that such summaries or presentations will not be allowed as evidence or form the basis for cross-examination of any witness.

COMMENTS
The only comments filed were from the Legislative Services Office. Legislative Services reported that the Senate and House Subcommittees for review of Administrative Rules have no objections to the proposed rules.

FINDINGS
Based upon our review of the proposed rules and the lack of any objections, the Commission finds that the proposed amendments to Rule 103 (IDAPA 31.41.02.103) and Rule 105 (IDAPA 31.21.02.105) are reasonable and appropriate. The Commission further finds that adoption of these pending rules is in the public interest and that the pending rules should be submitted to the 2000 Legislature for its review and approval. Accordingly, Appendix A contains a Notice of Pending Rule for each rule suitable for publication by the Administrative Rules Coordinator.

GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts its proposed changes to Rules 103 and 105 (IDAPA 31.41.02.103 and 31.21.02.105, respectively) as pending rules. The appropriate Notices of Pending Rules as contained in Appendix A shall be transmitted to the Administrative Rules Coordinator for publication in the January 2000 Administrative Bulletin.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in these Case Nos. 31-2102-9901 and 31-4102-9901 may seek judicial review in district court pursuant to Idaho Code § 67-5270 and Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this order or in interlocutory Orders previously issued in these Case Nos. 31-2102-9901 and 31-4102-9901.
DONE by General Order of the Idaho Public Utilities Commission at Boise, Idaho this day of November 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:31-2102 _ 4102-9901_dh

ADOPTION OF PENDING RULES
GENERAL ORDER NO. 203 1

Office of the Secretary
Service Date
November 10, 1999